broncovet

If your claim for PTSD was diagnosed/denied as a "personality disorder", you are not alone. You are in some good company. Story here http://www.newszone.us/society/disabled-issues-disabilities/153373-Millions-of-Dollars-of-Disability-Benefits-Held-Back-Unnecessarily.html

This is a very common problem, where at least 22,500 Vets were also denied benefits for the same reason. Story here: http://www.newszone.us/society/disabled-issues-disabilities/153373-Millions-of-Dollars-of-Disability-Benefits-Held-Back-Unnecessarily.html

I would also point out there are regulations in your favor. That is, when there is conflicting medical opinions, the VA is supposed to use the one "most favorable" to the Veteran. Further, if there is one favorable, and two non favorable, remember this: 1. First, there is no guarntee the rater will read your entire file. It is possible he reads only one or two opinions and awards your benefits. 2. Even so, you have an opportunity to see other doctors, both in and out of the VA, who are more "Veteran friendly". You may find another doc side with you..you may just need to keep looking. You can ask the docs who gave you an unfavorable opinion why he did so, when doc......differed. Maybe its a misunderstanding, or maybe your unfavorable doc did not read your entire history and did not know what the other doc opined. Even if you get denied, you/your lawyer may be able to argue that the doc who offered the favorable opinion did a more thorough exam..reading your entire record, while the unfavorable doc, shot from the hip. 3. You can change docs! I changed docs, and the doc called me and asked my why. I told the doc that I was not pleased, and why. (I also happen to know other Vets did not like that doc either and complained). Well, now my doc pretty much gives me what I want. Frankly, I think she was under some sort of probation and maybe even fired if I persisted with my complaint, which I dropped.

Do not listen to your DAV. I have heard many others have their VSO basically tell them to give up or forget it, and they persisted and won. Your DAV has shown he is not doing his job. If you think you are entitled to benefits, then you know much more about your medical history than the DAV could ever know. Your VSO is supposed to be YOUR advocate, and that is not much of an advocate to suggest you quit. DAV reps are rarely Doctors, they almost never rate claims, and many of them are neither experienced nor trained in VA law. Did he show you a Veterans Benefits manual where similar claimants denials were upheld by the courts? Frankly it is appaling to me the DAV essentially is suggesting you quit. Quitters never win, and winners never quit.

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Sorry, halos, but I wish Chapter 35 rates were the same as the GI bill. Chapter 35 rates max out at $925. The link is here: http://www.gibill.va.gov/gi_bill_info/rates.htm Scroll down to "Ch. 35". My son got Ch. 35 last year. Count on months and months and months delays, just like our comp benefits. It was a nightmare last year, and they never did get my sons right. Snafu after snafu. She should apply through her school, noting that some VA departments at college are better than others. If your daughter is under 26 as of your effective date for P and T, she should be eligible and can continue receiving benefits in school after her age 26, but I would be careful and not violate any regs such as getting poor grades or not attending classes. reason for edit: To correct link.

Congrats on your win. I guess its too late in regard to the offer, but, as Wings pointed out, you can still file a NOD. I am talking about the effective date. I think that is the biggest thing, as that affects your retro. And, I am sure most on here know, the VA manipulates the effective date just like they manipulate about everything else.

Maybe we should order a cake and have it sent to the VA..Instead of "Happy Birthday", it should say, AWARD Veterans Benefits TO Deserving Vets

Here is the story: http://www.pittsburghlive.com/x/pittsburghtrib/news/s_691127.html

I helped "rewrite" your NOD. I agree with what most posters said and add that its okay to "vent" here, but it is not a good idea to vent your frustrations on VA decision makers. Nobody likes to be "attacked", so dont attack the VA, or even the C and P examiner. With every word you write ask yourself: Does this word help move me toward my goal (of increased benefits). If it does not, skip it and replace it with words that do. Rewritten NOD: John P. Veteran 367-26-xxxx (put your name and SSN on top of every document you send the VA, or they may loose it or associate it with someone else) Notice ofDisagreement I disagree with the RO decision dated April 13, 2010 and elect aDRO Review on the following issues: Issue1. I disagree with the rating for the Lumbar Spine. The rating more closely approximates the criteria for a higher level. The C andP exam appeared to be inadequate, as the examiner stated, "Imnew at this so please be patient with me". Also noted the Cand P examiner was a _________________, (list examiner medical title,especially if not MD with a board speciality in Orthopeadic/backsurgery). (I suggest you attack the medical qualificationsof the examiner, if possible, and not the examiner) Issue 2. I disagree with the "deemed denial" for theclaimed condition of Thoracic spinal condition. (Let the VA know you know the law, and when the VA does not address an issue it can be construed as "deemed denied) This issue was claimed on the medical exam dated ____________ (listdate of medical exam where your do identified Thoracic issue. Bydoing it this way, you will be increasing your retro by referring tothat date, not the date of the NOD) which "identified the benefit sought". Issue 3. The Veteran has "new and Material" evidence, thatapparently was not considered in the decision. (Include detailedlist of evidence). Issue 4. I have enclosed evidence that my Doctor said that I shouldbe on Total Disability for another 2 months, that I have not beencompensated for.

Pete.. That sounds like good news and bad news... the good news is that "you know its coming" and can prepare, but the bad news is that it is a QTC examiner. It might be a good idea for you to download and read the criteria..so you are prepared...you know, the 5 P's...Proper Preparation Prevents Poor Performance. The 5 P's has done well by me..when I followed them, things went well, when I did not..they predictably did not go so well. I am not on top of things, but it sounds like you are going for SMC Housebound, Im guessing, if you reach 100 plus 60. I hope this works out well for you. Good luck on your C and P.

Yes, Tbird, here is the Link about Vets testing positive: http://www.vawatchdog.org/10/nf10/nfjul10/nf071510-1.htm

Congratulations! That does seem rather "odd", tho, I have to admit. You might try reading your letter over again. I have never heard of them sending two letters..one awarding 100% and another seperate letter for an effective date. They have always been the same letter for me. Anyways, congrats on your win!

Yes, It COULD be true, but I have not seen it happen that way..that is, no one has ever called me to tell me that I had been approved and the letter will follow. I either get the letter or I dont, and most of the time, the VARO knew for weeks before I got the letter and never called me. Recently, however, I got an advance letter from the DAV stating that I was going to be denied. Sure enough, a week later the RO denial letter comes. I think you should have "cautious optimism". Here is what I would do. Lets say you anticipate a "retro" of 20,000. Make 3 lists: 1. Retro is 20,000. 2. Retro is more, say 50,000 3 Retro is less, say 10,000. Then do some planning. As a former financial plannner, I know that planning is critical. Try to avoid "impluse" decisions..they usually arent that good. Make a list of things you have always wanted: Car, boat, ski doo, clothes, new bathroom etc. Then assign each a "budget"..for example you may want to put a $5000 limit on a car...maybe the bathroom might be 2000 etc. Then prioritize the list. Have BOTH...some money for "fun" and some for investments/savings. Its probably not to early to start talking to a financial counselor. Dont tell them you are waiting on money..just ask for information. You might wind up with a list, like this: 2. Retro is 50,000 plus: 1. pick a car at no more than $5000 2. pay off $3000 credit cards. 3. Go on a trip with a $1500 budget. 4. Have "fun" with 500..buy clothes, new fishing poles, donate to hadit if you like. 5. Put 10,000 in savings for emergencies..broken water heaters, car break down, new roof, etc. 6. Invest the other $30,000. One possibility, if you would like to increase your income is to get dividend stocks. A possible example is a company like AT&T. (Stock symbol is "T". It is a very well known company, with a good dividend history. Each share pays a quartely dividend of 42 cents. Since the stock is right at about $25. per share, that means you will be getting a dividend of 6.7%. Altho the dividends are taxable, that should not be too big of a concern unless your spouse is making a lot of money and u have a tax problem, because VA benefits are non taxable. If you just spend the dividend, and not your principal, you will have about $2000 per year extra to spend...and never touch your principal. Altho dividends are not guarnteed, they can also go UP..as well as down. Please dont use this as financial advice and be sure and consult with your tax professional..as I do not know your financial situation, stocks may/may not be right for you.

Berta... Yes, Keep Posting! I take it you havent had any more "glitches" in software not allowing you to post because you posted too many times. (I think you need to post more!) If you do have another glitch and cant post try this: 1. Type up your post and hit "Ctrl A"...That means "select all" 2. Hit "Ctrl C". This copies the selected information to the clipboard, in this case all of it. 3. Point your pointer at a blank spot on your desktop. RIGHT click, then select "new". then go to your favorite text editor, such as wordpad, Microsoft Word, Open Document Text, etc. You can give it a name such as "Berta's July 10 post". Open this document and point your pointer at a blank place in the page and click. Then hit "Ctrl and V" (paste) at the same time. 4. These desktop shortcuts make copying and pasting and saving easy. 5. When you save it, and the site is working again, say the next day, then go to your saved document, and copy and paste it into the hadit post.

Excellent question, but I think the ebenefits site is too new to answer that. My experience with ebenefits is that it is pretty much in the testing phase, incomplete, and not all that accurate. I will give the VA a while to try to get this site really going, but I do have my doubts in light of the failure of other VA IT projects. The last VA failed IT attempt is here: http://www.vawatchdog.org/10/nf10/nfjul10/nf071410-2.htm I think the basic problem is still nepotism, and the fox (VAOIG) guarding the henhouse, so the money for IT just gets squandered by "friends and family". So far, the Ebenefits site is NOT up to date, so the short answer is NO.

Your statement on the SOC is Your opportunity to "Tell your side of the story". It would be sorta like if you went to court against your neighbor, using his attorney. You want "YOUR Version" of the story to be told, not the "VA version". Of course, the VA wants to deny you! But you have good reasons why your claim should be approved, and you need to take this opportunity to state your reasons. Even if you think you stated all your reasons in your NOD, I would "tell your Version" anyway. There are always 2 sides to every story, that is why they have lawyers and judges. You dont want to have your opponnet (the VA) telling your story for you. YOU, or someone representing your interests, should tell your side of the story. If you dont say anything, they pretty much have to side with the VA.

Hambone Pretty much most of us have gone through the same process, with different wars, different disabilities, but same BS from the VA...mostly delayed and denied. I think I can safely say that most Veterans who have gotten VA benefits have gotten them only after appeal(s). A denial doesn't mean you don't deserve benefits, it is often a test to see if you will put up with VA's bull for years or decades in order to win your benefits. Contrary to what the VA says, MOST of the time the first RO decision is pretty much automatically denied, because the VA knows that most Veterans wont appeal. I did know ONE Veteran who got 100% benefits on the first RO decision, but she is not on this forum anymore, and I have not heard anyone else here say they got their full benefits on the first RO decision. Im not saying it cant happen, but it is definitely in the minority.

Im no medical expert, but when I broke my wrist which was surgically repaired, the surgeon told me that I would most likely get arthritis in the surgically repaired joint. So, I would say yes, but you would still need to have your doctor give you a nexus statement something like, "Veterans arthritis of the back is most likely secondary to a herniated disc which was incurred during military service."

Yes, I believe it will be held against you if you disagree and keep your opinion to yourself. I recall reading that, if you dont dispute a "fact" then that fact is assumed to be correct. Its just like a decision...a RO decision becomes final after a year, and I would guess that would apply to each of the individual issues as well. Unfortunately for Veterans, EVEN when the Regional Office FAILS to adjudicate a claim, that claim is assumed to be denied (in other words "deemed denied"), and the appeal period begins to run. So, Veterans are no longer able to appeal a claim after a year, even when it is the Regional Offices Fault for failure to adjudicate a claim, the problem is ultimately "blamed on the Veteran". Veterans not only have to file a NOD for denials of claims in the RO decision, they also have to file a NOD for denials of claims NOT in the RO decision.

Thanks Berta. It sounds like a "joint remand" only applies when the Veteran is represented by an attorney, and only at the CAVC or above level. However, from a more practical point of view, I have heard about instances of the VA "making a deal"..that is, they admit the Veteran "has a case", but they want a compromise giving him "half a loaf" rather than none. Have you heard of Veterans "offering a deal" or does that have to come from the Va, or does the VA not "offer deals"? Just curious..I would love to get this settled sometime in the next 10 years or so..sooner being better than later.

I came across an old post about Joint remand. It seems that this may help a Vet. Does anyone know if we can request a Joint remand, since it sounds like it would go through faster..not having to go through the court. It kind of sounds like the VA equivilant of a "plea bargain" or a "deal". Also I would like to know if "joint remands" apply to all levels of appeal..DRO, BVA, CAVC, Federal court, etc. thanks VAF Here is the quote explaining joint remand: In a joint remand, the appeal never reaches the Court, so to my understanding, the attorneys can settle for a compromise based on whatever the grounds for that compromise may be. The Court to my knowledge doesn't normally derail a joint remand sending an appeal back to the Board, whatever the grounds. One of my husband's appeals to the Court ended up in a joint remand back to the Board, and it was for a lumbar spine rating based solely on range of motion arguments, without the Board mentioning DeLuca. It went back to the Board, the Board gave an additional rating percentage, but we're not happy with the effective date, so we're awaiting another Court appeal. Ricky's right, I also saw discussion of DeLuca in the Board decision, so it appears the Board did take that into consideration, perhaps not sufficiently, which is where your attorney is going to earn her fee. However, if the appeal does reach the Court, the Judge (or panel of Judges) does exactly what Ricky states -- the Court does not consider arguments on medical evidence or awards ratings -- they strictly deal with the legal process; a "win" at the Court sends it back to the Board to re-evaluate in accordance with the Court's directive. A joint remand achieves the same thing, only in shorter time, without the risk of the Court denying the appeal. 0http://www.hadit.com/forums/public/style_images/master/add.pnghttp://www.hadit.com/forums/public/style_images/master/delete.png

Terry...These abbreviations have been posted elsewhere, but I will do it again for you: IMO Independent Medical Opinion. This often happens when you ask for Service connected benefits, and the VA doc makes a statement such as "Veterans.....condition is most likely NOT related to military service". Often a private doc, such as Dr. Bash, will review your medical history and give you a "nexus" such as: "In my professional medical opinion the Veterans condition is at least as likely as not due to military service". In this instance, the IMO is probably your only chance to get service connection, because one the doc makes some kind of statement opining it is not related to military service, the only way a Veteran can "counter" that position is to have another doc say that it is related to military service. Sometimes, the VA doc wont say either way, and you need an IMO to win benefits. An IME (Independent Medical Exam) often carries more weight than an IMO. With an IME the doctor physically examines you, and your records, then offers an opinion. With an IMO, usualy the doc just looks at your records and does not examine you. TDIU = Total Disability Individual Unemployability. This means you are disabled and unable to obtain "substantial Gainful employment" (SGE) It means that you are not working and cant get a job due to service connected disabilitie(s). That is, it has to be substantial, and taking a job and geting fired after a week is not SGE. Usually you need to earn more than the poverty level, that is about 10k per year for it to be considered SGE. There are specific rules the VA follows before they award TDIU. If awarded, you are paid at the 100% rate. A "chronic" condition means it is ongoing. If you get hurt, say you break a leg in service, but have no chronic problems, you are unlikely to get benefits. However, if your broken leg is "chronic" and requires ongoing treatment...cast, physical therapy, treatment for pain, loss of use of leg, required use of wheel chair etc, over time, this becomes "chronic". Chronicity is pretty much required. They dont give you disability benefits if you get better and have no problems.

The Court of Veterans claims, about a year or so ago, ruled that it is illegal for the VA to run Veterans through the ringer again on "large retro" awards..that is over 10years or more than $250,000. (They did require multiple signatures prior to this case). Basically, a Veteran with a Large retro like this has been delayed for EVER, and does not deserve to be delayed even more by "running the claim by as many big shots as possible" to see if the can figure out how to deny or reduce it. I agree with the CAVC. If the VA wants to "audit" claims (check for accuracy), they should not "pick on" large retros...a denied claim also deserves to be audited to check for accuracy. Kind of what they are saying its ok to deny a deserving Veteran of his benefits, but if one is accidently paid that does not fully deserve it, the VA employee is in deep do do.

I doubt very many Veterans will be against this one. It might help to write your congressman in support of this bill http://www.opencongress.org/bill/111-s3107/show http://www.veteranstoday.com/2010/07/09/support-veterans-compensation-cost-of-living-adjustment-act-of-2010/